Construction Site Injury Litigation: Pursuing or Defending Claims Against Site Owners, Contractors, and Other Third Parties
Assessing Potential Claims and Defendants, Proving or Defending Liability and Damages, Overcoming Evidentiary Challenges
About the Course
Introduction
This CLE course will provide guidance to personal injury plaintiff and defense counsel for pursuing and defending against claims of construction site accident injury. The panel will discuss effective tactics for assessing potential claims; identifying all potential defendants, including construction site owners, contractors, architects, engineers, and product manufacturers; strategies for defending property owners, general contractors, and construction managers; collecting and preserving evidence; and proving or defending liability and damages.
Description
Personal injury plaintiff and defense counsel in construction site accident cases face a wide range of legal issues and challenges, including evaluating potential theories of liability and responsible parties, conducting effective investigation and discovery, evaluating evidence, assessing additional insured and indemnification issues, developing a case that will warrant summary judgment for plaintiff or defendant, working with experts, proving or defending against liability and damages during mediation or trial, and more.
Attorneys must have an expert understanding of federal and state safety laws applicable to the construction industry, common law standards of care, how to negotiate and effectively communicate with insurance adjusters, and how to allocate liability when there are multiple defendants.
Listen as our authoritative panel discusses considerations and best practices for personal injury plaintiff and defense counsel when pursuing or defending construction site accident injury claims, from assessing claims and potential defendants through proving and defending damages.
Presented By
Mr. Beal has extensive experience in construction defect, bad faith, wrongful death, personal injury, professional liability, real estate, contract dispute, and other general liability fields including ranching law, toxic tort, and medical malpractice. He has successfully briefed multiple motions to dismiss, motions for summary judgment, and other novel issues that have dismissed his clients from multi-million dollar lawsuits.
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Ms. Cinnamond has over 30 years’ experience successfully defending clients in liability matters alleging damages ranging from tens of thousands of dollars to over one billion dollars. Prior to joining Lewis Brisbois, she was a general liability defense partner at a global law firm. Ms. Cinnamond has significant expertise in all areas of general liability defense practice including construction site accident, construction defect, premises liability, negligent security, dram shop liability, defamation, and sexual abuse claims. She also has extensive experience defending claims of professional negligence brought against insurance brokers and attorneys and defends claims of breach of fiduciary duty brought against corporate directors and officers. Ms. Cinnamond has experience directing defense counsel in the United States in general liability defense matters on behalf of an international insurer and also has litigated insurance coverage disputes and appeals.
Mr. Smiley's areas of practice are personal injury, medical malpractice and wrongful death. He has been practicing law for almost 30 years and currently serve as the managing partner of Smiley & Smiley, LLP.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, October 21, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction
A. Most frequent causes of construction accidents
B. Governing statutes: federal and state
C. Interrelationship with workers' compensation
II. Incident investigation
A. By private entities
B. By enforcement agencies (OSHA)
C. By counsel
III. Liability
A. Claims
B. Defenses
C. Causation
D. Damages
IV. Discovery
V. Pretrial motions
VI. Insurance considerations
A. Additional insured status
B. Indemnification agreements
The panel will review these and other key issues:
- What are the different theories of liability that are generally pursued in construction site injury claims?
- How can defense counsel establish lack of a duty of care owed to a plaintiff in certain jurisdictions?
- What are potential pitfalls to avoid in working with experts and other witnesses?
- How are liability and damages approached when there are multiple defendants in a construction site injury case?
- What are some effective strategies for calculating or defending against damages in construction site injury cases?
Related Courses
Construction Site Injury Litigation: Pursuing or Defending Claims Against Site Owners, Contractors, and Other Third Parties
Wednesday, October 21, 2026
1:00 PM ET/10:00 AM PT
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